Distillers Agents, Inc. v. Pershan

Appellate Terms of the Supreme Court of New York

Distillers Agents, Inc. v. Pershan

146 Misc. 378, 262 N.Y.S. 112, 1933 N.Y. Misc. LEXIS 1471

Appellate Terms of the Supreme Court of New York·Decided February 1, 1933·Published

Opinion

Per Curiam.

The trial court erred in admitting into evidence the carrier’s receipt for the goods, signed by one purporting to be the defendant’s agent, without proof as to his identity and his authority to represent the defendant. (Gieger v. Levin, 110 N. Y. Supp. 203.) Moreover, the permittee’s report filed in the Bureau of Industrial Alcohol was inadmissible without proof that the signature thereon was the defendant’s.

Judgment reversed and new trial ordered, with thirty dollars costs to appellant to abide the event.

All concur; present, Levy, Callahan and Untermyer, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

The trial court erred in admitting into evidence the carrier’s receipt for the goods, signed by one purporting to be the defendant’s agent, without proof as to his identity and his authority to represent the defendant. (Gieger v. Levin, 110 N. Y. Supp. 203.) Moreover, the permittee’s report filed in the Bureau of Industrial Alcohol was inadmissible without proof that the signature thereon was the defendant’s.

Judgment reversed and new trial ordered, with thirty dollars costs to appellant to abide the event.

All concur; present, Levy, Callahan and Untermyer, JJ.

Distillers Agents, Inc. v. Pershan, 146 Misc. 378, 262 N.Y.S. 112, 1933 N.Y. Misc. LEXIS 1471 (N.Y. Ct. App. 1933).

Pincite

146 Misc. 378 (Distillers Agents, Inc. v. Pershan) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related